The damage has been done. Someone else’s negligence has resulted in your serious car accident injuries. However, this isn’t the end of the story. Instead, it the time to take control of the situation, to understand how a Wisconsin car accident case works and to understand the car accident damages that you may be able to recover.
How a Car Accident Lawsuit Works
As the injured party, you will have to take action to begin your car accident recovery. More specifically, you will need to know:
- How to deal with the insurance adjusters. It is not the insurance adjuster’s job to protect your fair recovery. Thus, it is important to know how to handle your interactions with insurance adjusters to protect your rights.
- How insurance settlements work. Reaching a fair settlement with an insurance company takes work. It is important to know the procedures you have to follow and the types of arguments that you should make if you want to reach a fair settlement.
- Whether you need an attorney. You have the right to handle any accident on your own, but there are advantages to hiring a lawyer to represent you in negotiations with the insurance company and at trial, if necessary.
- Whether you have standing to sue. If you have been hurt by someone else’s negligence, if you are the guardian of a minor who has been hurt by someone else’s negligence, or if you are the executor of the estate of someone who was killed the accident, then you may have legal standing to sue for damages.
- What the statute of limitations is for your case. Generally, the statute of limitations for a Wisconsin car accident case is three years, but that time may be significantly shorter or significantly longer depending on the unique facts of your case.
- What kind of expert witnesses you may need for your case. Not every car accident case requires expert witnesses, but witnesses who are experts in their fields and who can testify about the cause of the crash, your injuries, or the extent of your damages may be useful.
- Whether you were also negligent—and how that may impact your recovery. Wisconsin follows what is known as a “modified comparative negligence rule.” According to Wisconsin law, you may recover damages if you were less than 51 percent responsible for the crash; however, your damages may be reduced if you were partially at fault for the accident.
This information can help you make an informed decision about whether or not to pursue legal damages.
But First You Need to Know the Damages You Might Recover
If you’ve been hurt because of someone else’s intentional or negligent actions then you may have the right to recover car accident damages or your past, current, and future:
- Medical expenses. This may include things like hospitalizations, surgeries, follow-up appointments, medications, rehabilitation therapies, and assistive devices.
- Out-of-pocket costs. The damage to your car, and the costs of transportation, child care, household help and other expenses incurred because of your accident may be included in your damage recovery.
- Lost income. Your lost wages, your lost benefits, and your lost income from clients is compensable.
- Pain and suffering. The physical pain and emotional suffering that you endure may be the most significant damages that result from your accident and should be included in your recovery.
Any other damages that you suffered as a result of the accident are also compensable.
Learn more about what to do after a Wisconsin car accident by reading our FREE book, The Ultimate Guide for Automobile Accident Victims, or by starting a free chat with us today.